Although it is not a requirement that a patent application be filed through an agent, an applicant should consider seeking the advice of a patent agent for his patent application. Patent applications are technical and legal documents and it is very important that the patent application is carefully drafted for it to be effective.
A patent agent should be able to advise him on the measures to take in making any pre-application disclosures, advise on searches on existing inventions, on the patentability of an invention, attend to the drafting of the patent application and the prosecution of the patent application before the Registrar of Patents.
In Singapore, the patent agent profession is regulated by The Patent (Patent Agents) Rules 2001 and Section 104 and 105 of the Patents Act. If a person describes himself as a patent agent, he must be registered with IPOS and have a practising certificate issued by IPOS. The list of Singapore-based registered patent agents are available at the IPOS website www.ipos.gov.sg.
PAF PLUS aims to promote greater awareness and encourage inventors to patent their inventions; promote widespread innovation amongst inventors, start-ups and small and medium enterprises (SMEs); and encourage greater commercialisation activities to extract value from patents. The Economic Development Board (EDB) currently administers this scheme.
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For enquiries, please contact:
Intellectual Property Strategic Business Unit
Economic Development Board
250 North Bridge Road, #28-00 Raffles City Tower, Singapore 179101
Tel : 6832 6832 Fax : 6832 6565
Email : IP_Enquiry@edb.gov.sg |
PCT Fees with effect from 1 July 2008
International Filing Fee
Pursuant to PCT Rules 15.2(b) and 15.2(d), a new equivalent amount in Singapore Dollars has been established for the international filing fee:
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International Filing Fee: SGD 1,845
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Fee per sheet in excess of 30 sheets and the PCT-EASY fee reduction
Pursuant to PCT Rule 15.2(d), new equivalent amounts in Singapore Dollars have been established for the fee per sheet in excess of 30 sheets and the PCT-EASY fee reduction:
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Fee per sheet in excess of 30 sheets: SGD 21
Fee reduction for filings using PCT-EASY: SGD 139 |
90% Fee reduction in certain PCT Fees
The international filing fee (including the fee per sheet in excess of 30 sheets) is reduced by 90% if the international application is filed by an applicant who is a natural person and who is a national of and resides in Singapore. If the international application is, as provided for in the Administrative Instructions, filed on paper together with a copy in electronic form, in character coded format, of the request and the abstract, the 90% fee reduction will be applied after the SGD 139 fee reduction.
Search Fee for international searches
Pursuant to PCT Rule 16.1(b), an equivalent amount in Singapore dollars has been established in respect of international searches carried out by the Korean Intellectual Property Office:
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Korean Intellectual Property Office: SGD 320 |
With effect from 2 Jun 2006, the Korean Intellectual Property Office will be a competent International Searching Authority and International Preliminary Examining Authority for international applications filed with the Intellectual Property Office of Singapore as a Receiving Office and having a declared priority date of which or, if there is no priority date, the date of filing of which is a date on or after 2 Jun 2006.
With effect from 1 Jun 2006, an equivalent amount in Singapore dollars will be established under PCT Rule 16.1(b) in respect of international searches carried out by the Australian Patent Office:
| Australian Patent Office: SGD 1,440 |
With effect from 1 Apr 2006, an equivalent amount in Singapore dollars will be established under PCT Rule 16.1(b) in respect of international searches carried out by the European Patent Office:
| European Patent Office: SGD 3,120 |
With effect from 1 Jan 2006, the equivalent amounts in Singapore dollars(SGD) have been established for the international filing fee. There will also be changes to the fee per sheet in excess of 30 sheets and the amount of fee reduction for filings using PCT_EASY. The new fees (in SGD) are as follows:
International Filing Fee: SGD 1,834
Fee per sheet in excess of 30 sheets: SGD 20
Fe reduction for filings using PCT-EASY: SGD 13 |
The Intellectual Property Office of Singapore, in its capacity as a Receiving Office, has informed the International Bureau that it intends to waive the requirement under PCT Rules 90.4(b) and/or 90.5(a)(ii) to submit a separate power of attorney and/or a copy of a general power of attorney for PCT applications.
However, there will be particular instances in which a separate power of attorney or a copy of a general power of attorney is required. These are :
- Where an agent or common representative, who is not indicated on the Request form at the time of filing, performs an action after filing; or
- Where it is unclear that an agent or common representative has power to act on behalf of the applicant.
Please note where the agent or the common representative submits any notice of withdrawal referred to in Rules 90bis.1 to 90bis.4, the requirement to submit a separate power of attorney and/or general power of attorney is not waived.
The waiver of the requirement to submit powers of attorney will apply to PCT applications filed on or after 1 December 2004.
With effect from 1 April 2004, the equivalent amounts in Singapore dollars (SGD) have been established for the international filing fee. There will also be changes to the fee per sheet in excess of 30 sheets and the amount of fee reduction for filings using PCT-EASY. The new fees (in SGD) are as follows:
International Filing Fee: SGD 1,926
Fee per sheet in excess of 30 sheets: SGD 21
Fee reduction for filings using PCT-EASY: SGD 138 |
IPOS has notified the International Bureau of the withdrawal of its notification Of Incompatibility with modified PCT Article 22(1), with effect from 1 January 2004. The (new) 30 month time limit under PCT Article 22(1) will therefore apply as from that date in respect of international applications entering national phase into Singapore for which the 20 month time limit expires on or after 1 January 2004 and in respect of which the acts referred to in PCT Article 22(1) have yet to be performed by the applicant.
For PCT applications and demands for international preliminary examination that are filed on or after 1 January 2004, these should be made on the modified Request and Demand Forms (dated January 2004) respectively. These new forms are available on the PCT website at www.wipo.int/pct/en/forms/index.htm
In respect of any international application which is accorded an international filing date that is on or after 1 January 2004, a new designation system will come into place. Under this new designation system, the filing of a PCT request will constitute the automatic designation of all Contracting States that are bound by the PCT on the international filing date.
With effect from 1 Jan 2006, the equivalent amounts in Singapore dollars (SGD) have been established for the international filing fee. There will also be changes to the fee per sheet in excess of 30 sheets and the amount of fee reduction for filings using PCT-EASY. The new fees (in SGD) are as follows:
International Filing Fee: SGD 1,834
Fee per sheet in excess of 30 sheets: SGD 20
Fee reduction for filings using PCT-EASY: SGD 131 |
For international applications filed on or after 1 January 2004, an enhanced international search and preliminary examination system will be introduced. The main feature of the new enhanced system is that one of the main elements of the present international preliminary examination procedure under Chapter II, namely, the establishment of a written opinion, will be incorporated into the international search procedure under Chapter I.
The International Searching Authority (ISA) will establish a written opinion addressing the question whether the claimed invention appears to be novel, to involve an inventive step and to be industrially applicable, in addition to establishing the International Search Report. Unless an International Preliminary Examination Report is to be established, this written opinion will be converted by the International Bureau to an International Preliminary Report on Patentability (Chapter I of the Patent Cooperation Treaty).
If a demand for international preliminary examination is filed, the written opinion issued by the ISA will be used for the purposes of international preliminary examination under Chapter II, unless the International Preliminary Examination Authority notifies the International Bureau otherwise. The established International Preliminary Examination Report will be known as the International Preliminary Report on Patentability (Chapter II of the Patent Cooperation Treaty).
Demands for international preliminary examination filed on or after 1 January 2004 will constitute the election of all PCT Contracting States which have been designated and are bound by Chapter II of the PCT.
In addition, in respect of any international application which is accorded an international filing date that is on or after 1 January 2004, a new time limit for filing a demand for international preliminary examination will be introduced:
- Three months from the date of transmittal to the applicant of the International Search Report (or of the declaration that no International Search Report will be established) and the written opinion of the International Searching Authority; or
- 22 months from the priority date
whichever period expires later.
With effect from 1 January 2004, the PCT-EASY software will be replaced by PCT-SAFE. PCT-SAFE incorporates the functions currently provided by PCT-EASY. All PCT-EASY users are requested to upgrade their current software to the new PCT-SAFE software and prepare their PCT applications using the PCT-EASY features of the PCT-SAFE software.
In addition to the functions of the PCT-EASY, PCT-SAFE also has functionality for the preparation for electronic filing of PCT applications. However, please note that IPOS is not yet ready to accept PCT applications filed electronically.
For more information on PCT-SAFE, please visit the PCT-SAFE website at: www.wipo.int/pct-safe
Botswana became a Contracting State of the Patent Cooperation Treaty (PCT) on 30 October 2003. Applicants under the PCT may designate and, because it will be bound by Chapter II of the PCT, elect Botswana (country code: BW) in their international applications filed on or after 30 October 2003.
As Botswana is party to the Harare Protocol within the framework of the African Regional Industrial Property Organization (ARIPO), it will also be possible to designate Botswana for the purposes of obtaining an ARIPO patent.
All international applications whose international filing date is on or after 30 October 2003 and which contain a designation for an ARIPO patent ('AP') expressed so as to include any State which is a Contracting State of the Harare Protocol and of the PCT will be considered to include the designation of Botswana for the purposes of obtaining an ARIPO patent.
Egypt became a Contracting State of the Patent Cooperation Treaty (PCT) on 6 September 2003. Applicants under the PCT may designate and, because it will be bound by Chapter II of the PCT, elect Egypt (country code: EG) in their international applications filed on or after 6 September 2003.
Nicaragua became a Contracting State of the Patent Cooperation Treaty (PCT) on 6 March 2003. Applicants under the PCT may designate and, because it will be bound by Chapter II of the PCT, elect Nicaragua (country code: NI) in their international applications filed on or after 6 March 2003.
Seychelles became a Contracting State of the Patent Cooperation Treaty (PCT) on 7 November 2002. Applicants under the PCT may designate and, because it will be bound by Chapter II of the PCT, elect Seychelles (country code: SC) in their international applications filed on or after 7 November 2002.